The average time for plant breeder’s rights (PBR) registration is 2 and a half years. You will need to submit Applications part 1 and 2 and hire a Qualified Person (QP) to assist with a growing trial. There are fees at various stages of the process.
The registration process can take just under a year, or over 10 years, depending on the species you are breeding. The growing trials take time to complete and are different for particular species. Average registration time for wheat varieties is close to 2 years. For rose varieties it is around 2 and a half years, apples average just over 5 years and mangoes can take as long as 10 years.
Once full protection has been awarded, it lasts for up to:
- 25 years for trees or vines (Actinidia (Kiwifruit), Bougainvillea, Campsis, Hedera and Vitis (grapevine))
- 20 years for other species.
This is provided you pay the annual fee and obey any conditions placed on the variety. Non-payment can result in your application being revoked, and protection is lost.
Once your PBR has expired, is surrendered by you or is revoked, the variety reverts to the public domain and is available to everybody. The limited duration of rights ensures a balance between private and public interest.
Fees for applicants include:
GST does not apply to these statutory fees under Division 81 of the GST Act 1999.
A full list of fees is available in the Fee Schedule of the Plant Breeder's Rights Regulations 1994.
Refunds are only available in limited circumstances in accordance with our corporate guidelines for refunds.
Fees may vary depending on how you apply and your chosen payment method, with online filing channels and payment methods typically being cheaper. Different filing and payment options are offered to ensure our services remain available to everyone, regardless of their access to our online services. The distinction between these options is referred to as 'preferred or other means' and are shown in the tables below as 'online services' (preferred) and 'other means'. More information on preferred or other means can be found here.
- an initial examination for acceptance
- the issue of a letter of acceptance
- 12 months of provisional protection.
Fee (online services)
|Fee (other means)|
Note the online electronic application form PRISMA is a tool maintained by UPOV. Currently the use of the PRISMA tool is provided free of charge until at least 31 December 2019. Regardless of whether or not UPOV charges a fee for using PRISMA, you must still pay the Australian PBR application fee of $345.
You need to nominate a QP when you submit your application. This person will be an expert in the plant species you are growing. A list of consultant QPs is available in the Qualified Persons Directory. They will charge a fee for their services, which you can discuss with them.
The examination fee is paid within 12 months of acceptance of the application. It must be paid when you submit the detailed description of your variety, if this is provided within 12 months. Field examination and publication of the plant description will take place after the fee is paid.
If an examination fee is not paid at the end of 12 months, the application will be refused and your variety will not have provisional protection.
For imported varieties this time limit may be extended so the 12 months begins from the day your variety is released from biosecurity control. Please note evidence of a variety being under biosecurity control is required. Contact the PBR office to discuss this option.
The examination fee covers:
- the technical examination of the application including any field examination (if required) or overseas test report
- the assessment of the description
- the publication of a description and photograph of your new variety in the Plant Varieties Journal
- any other enquiries necessary to establish eligibility for PBR.
Examination - single application
Examination - application based on overseas test data
Examination - multiple applications (each)
Applicable only to two or more varieties, tested at the same site in Australia, and when applications and descriptions are lodged simultaneously by the same applicant and QP, and examined simultaneously
Examination- at an authorised centralised testing centre when one or more candidate varieties are tested
After the description has been published, successful applicants need to pay the certificate fee. The fee is payable within 6 months of your application being published.
This covers the final examination of all details, the production of the certificate and publication of the variety description in the PBR register. Applicants are then granted PBR and receive a certificate.
Sale of documents
Replacement certificates can be ordered via our online services. Options are: photocopies, certified copies and duplicates. Depending on which option you select the cost will vary.
Commemorative certificates can be purchased from a third-party provider. The price ranges from $80 plus GST (Certificate Only with domestic postage) to $240 plus GST (Certificate with Frame & Mount Board with domestic postage). These can be used for display only and do not replace your certificate for legal purposes.
When ordering a document, an expedited post service is available if you require your document to be sent to you faster than normal postage timeframes. This fee will not increase IP Australia’s processing time for any document request.
Copy of one to 3 documents from the same file
|Copy of 4 or more documents from the same file||$200|
|Expedited post of a document request||$20 each|
An annual fee is due each year on the date that your PBR was granted. The fee must be paid to maintain your exclusive rights. If these fees are not paid within 30 days of the due date, your PBR will be revoked.
Fee (online services)
|Fee (other means)|
Lodgement of an objection to a PBR application under section 35 of the PBR Act.
Section 35 Objection $100
A list of all fees is included in Schedule 1 of the Plant Breeder’s Rights Regulation 1994 .
An application is deemed to be inactive after 12 months if the examination fee is not paid, or after 24 months of provisional protection if:
- we have not received a completed application
- we have not been advised to proceed with the examination
- an extension of provisional protection has not been requested or granted
- a certificate fee has not been paid.
We examine inactive applications and if they don't fully comply with section 44 of the PBR Act, they will be refused. Provisional protection will then lapse, priority claims on that variety will be lost, and if the variety has been sold it will be ineligible for PBR if you apply again.
Continued use of labels or other methods to falsely imply that a variety is protected after the application has been refused is an offence under section 75 of the Plant Breeder’s Rights Act.